Frequently Asked Questions
Types of Misconduct
What conduct is prohibited under W&M's Title IX Policy and/or Discrimination Policy?
Definitions of the prohibited conduct can be found in Title IX Policy or the Discrimination Policy. |
Can sexual harassment occur only when there is power imbalance between the harasser and the victim?No. The harasser can be the victim’s supervisor, a supervisor in another department, a co-worker, a third-party contractor of the university, or a person external to the university, such as an alumnus/alumna or guest. |
Is sexual harassment only between a man and a woman?No. Both the victim and harasser can be any gender identity, and the victim and harasser can be the same sex. |
Does sexual harassment have to include sexual behavior?No. Harassment may be conduct based on sex that is not sexual in nature. For example, offensive remarks about a person’s sex could be harassment if it is severe or pervasive. |
Does the victim have to experience sexual advances or conduct of a sexual nature first-hand?No. Consensual conduct of a sexual nature between a supervisor and another employee or student in a third party’s presence can create a hostile environment for the third party if the conduct is severe or pervasive . |
Does sexual assault (rape or fondling) always involve force or physical violence?No. If someone has sexual intercourse (or other sexual contact) with a person, without that person's consent, that is sexual assault. |
What is quid pro quo sexual harassment?Quid pro quo is Latin meaning “this for that”. It occurs when a harasser conditions the provision of an aid, benefit or service of the university on an individual’s participation in unwelcome conduct. |
What are examples of potentially harassing conduct?For harassing conduct to create a hostile environment and be a violation of Title IX, it must be severe or pervasive. Severe conduct, such as sexual assault, fondling or sexual violence, typically only needs to occur one time to be severe. Pervasive conduct can rise to harassment depending on the number of times an individual is subjected to the offensive conduct or the number of different individuals who are subjected to one or more incidents by an offender. Examples of potential unwelcome conduct:
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Reporting Sexual Harassment
Who is William & Mary’s Title IX Coordinator?Pamela Mason |
How can I make a report of sexual misconduct to the Title IX Coordinator?Reports may be submitted:
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How do I make a criminal report to William & Mary Police?Criminal Reports of sexual violence (rape, fondling, relationship violence, and stalking) may be made to William & Mary Police at 757-221-4596 or 201 Ukrop Way. |
Who are Mandatory Reporters at William & Mary?With the exception of specifically designated confidential employees, all non-student employees (faculty and staff) of William & Mary are designated as Mandatory Reporters for reports of sexual harassment under the Title IX Policy and/or the Discrimination Policy. Some student employees are designated Mandatory Reporters, such as Resident Assistants, Orientation Aides and Graduate Student Teaching Assistants when they receive a report from the student while acting in their role as an employee. |
Who are designated as confidential employees?Designated confidential employees are anyone employed in the Counseling Center, the Student Health Center and The Haven. |
What and how do Mandatory Reporters report to the Title IX Coordinator?Upon receiving information from any student or an employee who you directly supervise, a mandatory reporter should report via the online forms linked above or via email at reportconcern@wm.edu to the Title IX Coordinator all information that the person discloses to you, including name of the survivor, name of the accused, the conduct that occurred, the date, and the location of the incident. If one or more aspects of the incident are not disclosed to you (e.g.. the person does not tell you the name of the accused offender), you are not required to ask the person for the information and they are not required to provide it to you. |
As a Mandatory Reporter do I need to confirm that the report is true before I submit it to the Title IX Coordinator?No. You should not investigate or inquire with any other students, faculty or staff to determine if the information you received is made in good faith or is accurate. Provide the information that you know to the Title IX Coordinator. |
If I make a report or a friend makes a report for me, to a mandatory reporter (faculty, staff, RA, Title IX Coordinator) am I required to participate in an investigation?No. |
If I make a report but do not want an investigation, is the person who caused the harm notified that I made report against them?No. not unless a No Contact Order is requested as a supportive measure. |
What happens once a report is received by the Title IX Coordinator?The Civil Rights Review Team, consisting of representatives from Office of Compliance & Equity (Title IX Coordinator or designee), Dean of Students and William & Mary Police:
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Will the university disclose the existence of a report to faculty?Within the institution, reports of sexual misconduct are shared with employees who are on a need-to-know basis. Therefore, details of reports are not shared with faculty members unless they are part of the adjudication process (e.g. advisor, hearing panel member for faculty hearings). If academic modifications are requested by either party, then the faculty member may be generally aware that a person has experienced a significant event, but not told of any details of the alleged conduct or if the person is the complainant or the respondent. |
Should I report misconduct committed about or by someone who is no longer affiliated with the university (e.g. .past reports)?The university encourages and accepts reports of sexual harassment or sexual misconduct regardless of when the conduct occurred or if the person is still a part of the William & Mary community. While jurisdiction dictates if we have the ability to discipline someone for sexual harassment or sexual misconduct, ensuring an environment that is free from harassment is paramount to the university. Reports allow the Title IX Coordinator to address a larger systemic issue in a particular department, organization, residence hall or unit on campus. Reports of misconduct that occurred in the past provide an opportunity for the university to ensure that individuals who may have been aware of the harassment or misconduct at the time understand their mandatory reporting obligations and are educated on the policy and the definitions of various types of misconduct. |
Should I report misconduct occurring off campus and/or abroad?Yes. Any misconduct that occurs in the context of university employment or an educational program or activity is still considered a policy violation even if it occurs off campus property. |
Should I report misconduct committed by someone who is not affiliated with the university?Yes. While jurisdiction dictates if we have the ability to discipline someone for sexual harassment or sexual misconduct, the Title IX Coordinator can assist a survivor in receiving supportive measures (e.g.. academic support, residence hall relocation, Emergency Protective Orders through the courts, campus safety plans) to help ensure they are able to continue to participate in their education at William & Mary. |
Options for Resolution
Why are sexual assault reports and other potential sexual violence crimes handled by the university and not the police?Under federal law, Title IX of the Education Amendments of 1972 (“Title IX”) prohibits sex discrimination, including sexual harassment, against students and employees of educational institutions. Sexual harassment is unwelcome conduct, on the basis of sex, that is severe, pervasive, and objectively offensive and creates a hostile environment. Sexual assault (rape, fondling, incest or statutory rape), domestic violence, dating violence, and stalking, as defined in the Violence Against Women Reauthorization Act of 2022, also constitute Title IX Sexual Harassment regardless if the conduct is severe or pervasive. Therefore, institutions must create policies that ensure equal access to education and remedy violations of such policies. The university will address misconduct under this policy and other policies, even criminal misconduct, because we have an obligation to ensure a safe environment and uphold the integrity of the university. |
Do I need to choose between a university investigation or a criminal investigation?No. Police investigations can be conducted by the appropriate jurisdiction concurrently with our process and are not mutually exclusive. You are not required to pursue one option or the other. An administrative adjudication (internal investigation) of misconduct can be conducted before, during or after a criminal investigation is requested. A criminal investigation is not required even if the report is submitted to William & Mary Police or other local police department. An internal investigation may be paused temporarily at the request of law enforcement if a criminal investigation is conducted. |
Will the university investigate even if I do not want an investigation?Generally, the university will seek to honor the request of the complainant not to proceed to with an investigation. If you report misconduct and request that no investigation take place, the university will give serious consideration to that request. The Review Team will consider a number of factors in deciding whether the request can be honored, including the age of the complainant, whether there is evidence of a pattern of misconduct by the respondent, the severity of the misconduct, and whether there is a safety risk to the complainant or the William & Mary community. Should the Review Team, in weighing such factors, determine an investigation is necessary, the university will explain its rationale to you and make sure that you are offered a support person throughout the process. As stated above, you will not be required to participate in the process. |
Rights and Responsibilities
What safety measures and accommodations are available to an employee or student when they report a sexual harassment or sexual misconduct related incident?Upon a report of a sexual harassment or sexual misconduct, the Title IX Coordinator works with the complainant and constituent offices on campus to put supportive measures in place to ensure a safe, non-hostile environment for the complainant. Supportive measures are provided regardless if you pursue a formal complaint for investigation. Modifications and safety measures could include:
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Do I have to file a report with the Title IX Coordinator to received supportive measures?No. Supportive measures are available without filing a report with the Title IX Coordinator. The Haven Director, Liz Cascone, can assist in coordinating supportive measures with constituent offices on campus for students who wish to remain confidential. You can make an online appointment through the Haven appointment booking page. |
What are my rights during a formal investigation?Any party involved in a formal investigation (complainant or respondent) is entitled to:
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Am I required to participate in an investigation as a party or witness?All members of the university community have a responsibility to cooperate with an internal investigation. No one is required to participate in any aspect including interviews with investigators or a live hearing for the determination conference. Failure to cooperate with an internal investigation can include taking proactive measures to prevent others from participating, destroying evidence, fabricating evidence, or misleading or persuading others to provide false testimony. |
What if the complaint was false or malicious?Complaints that result in a finding of not responsible are not automatically false or malicious. The finding may have resulted from a good faith report, but it was inaccurate that the conduct that occurred was a policy violation, or there may have not been sufficient evidence for the determination official to find by a preponderance of the evidence that a violation occurred even if the conduct was established to have occurred (e.g.. the complainant experienced unwelcome conduct of a sexual nature, but it was not found to be severe, pervasive and objectively offensive). Either way, good faith reports are protected from retaliation, including by the university in pursuing conduct or honor code violations for lying against the complainant. If there is unequivocal evidence that a complaint or counter-complaint is fabricated, if there is intent by either party to mislead or alter evidence provided or to persuade witnesses to lie or mislead investigators, the university reserves the right to pursue disciplinary action for non-retaliatory purposes if there is clear proof of intent to fabricate, mislead, or persuade false testimony. |
Privacy
Will the respondent (accused) know my identity?If you do not want an investigation and the university is able to honor that request, your identity or the existence of the report will not be shared with the respondent. If non-disciplinary action is requested with the respondent (e.g.. an administrative conversation with the respondent regarding standards of conduct, the definition of consent and incapacitation) there is a chance that the respondent will know the incident that was reported, but your identity will not be disclosed intentionally or affirmed. If you request a supportive measure of a No Contact Order with the respondent, then your identity and the existence of a complaint in general (not describing the details) will be required in order to effectively communicate to the respondent that you are the person with whom they are not to have intentional contact. If you request an investigation, the respondent has the right to know who has accused them, what type of misconduct they are accused of, and when and where the alleged misconduct occurred. |
Does personal information about a complainant or respondent remain private?Personal information that is not germane to the investigation (medical information, mental health information, academic status, etc.) is not disclosed or referenced as part of the investigation report. Past sexual activity with others is not relevant and will not be considered as evidence of character or reputation during the investigation. Past sexual history between the parties may be relevant to assess the manner and nature of communications between the parties in gaining consent on prior occasions. Personal information that a party wishes to have as part of the record can be disclosed with the person’s permission (e.g.. medical information about counseling session following the incident). |
